Practice Contacts

Cases

Counsel to a psychiatrist in an appeal raising the novel issue of the jurisdiction of the Consent and Capacity Board to grant remedies under the Charter of Rights and Freedoms. Successfully responded to the appeal.

Counsel to the College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario in an application and subsequent appeal against respondent organizations and individuals for declarations that the respondents breached the Regulated Health Professions Act. Interim injunctions obtained against the respondents.

Counsel to defendant, Cassels Brock and Blackwell LLP, in an eight week trial commenced on behalf of a group of General Motors of Canada Limited dealers whose dealerships were terminated by GMCL as a result of the financial crisis and "auto bailout" in the summer of 2009.

Counsel to the College of Psychologists of Ontario on a successful motion to dismiss an application to the Ontario Human Rights Tribunal relating to the applicant’s registration proceeding at the College.

Counsel to optometrists in a successful review of a decision of the College of Optometrists of Ontario to issue written cautions, on the basis that the underlying provision of the professional misconduct regulation improperly restricted the members’ Charter rights to freedom of expression and freedom of association.

Counsel to the successful defendant physicians in a jury trial of a complex medical malpractice action relating to a stroke following childbirth. Includes important interim ruling relating to deductibility of disability benefit.

Counsel to the Law Society of Upper Canada in the prosecution of a lawyer for professional misconduct. A three member panel of the Divisional Court affirmed the decision of an Appeal Panel of the Law Society of Upper Canada that found the lawyer had committed acts of professional misconduct. The Divisional Court also confirmed his penalty of a one month suspension and its $200,000 costs award in favour of the law society.

Counsel on appeal for the defendant physician in a proceeding alleging negligence in the treatment of a fractured wrist. The Court of Appeal's decision provided important guidance on the role of counsel in the preparation of expert reports and the limits on the production at trial of information from an expert witness's file.

Counsel to the College of Massage Therapists of Ontario in a prosecution of a member for professional misconduct under the Regulated Health Professions Act and the subsequent appeal to the Divisional Court.

Counsel to the College of Massage Therapists in Discipline Committee hearing concerning allegations of practicing while suspended. Hearing proceeded on agreed statement of facts, with penalty contested. The Discipline Committee revoked the license of the member.

Prosecutor for The College of Massage Therapists of Ontario in an appeal of a decision of the Discipline Panel of the College finding a member guilty of conduct unbecoming a massage therapist on the grounds that he had instructed or authorized an employee to issue false receipts indicating that he had performed massages which were instead performed by his non-registered employee.

Counsel to the the College of Massage Therapists of Ontario, on a successful appeal of the issue as to whether the application judge was wrong in principle to grant judicial review and quash two decisions of the College's investigatory bodies.

Counsel to a physician in a successful Charter application to exclude evidence seized in contravention of the accused's right to be free from unreasonable search and seizure. The application involved the application of constitutional principles to the search of internet service providers and psychiatric offices.

Counsel to successful plaintiff/respondent on an appeal from complex motion for summary judgment. Appeal raised issues of law involving the assignment of two mortgages and a cause of action in solicitors' negligence.

Counsel to insured physician on an application to interpret an exclusion clause in an insuring agreement. Court determined that the bodily injury exclusion was not applicable in the context of the Red Cross tainted blood supply prosecution. Application allowed and indemnification for costs of the successful defence to criminal charges granted to the physician.

Counsel in a proceeding confirming a decision of the Inquiries, Complaints and Reports Committee issuing a written caution for these physicians to make reasonable efforts to ensure compliance with the Advertising Regulations.

Counsel to three defendant physicians who allegedly failed to postpone the plaintiff's elective surgery that resulted in the plaintiff developing an invasive group A streptococcal infection leading to organ failure, toxic-shock like syndrome and a coma. Successfully defended the claim at trial.

Counsel for the physician in an application for judicial review of the powers of the College of Physicians and Surgeons of Ontario to observe physicians performing medical functions and to compel an interview.

Counsel in the defence of a physician before a panel of the Discipline Committee of the College of Physicians and Surgeons of Ontario. Successful appeal to the Divisional Court of a finding of misconduct by the Discipline Committee.

Counsel for a physician in disciplinary proceedings. Included an application for various relief on constitutional grounds and a constitutional challenge to a provision of the Regulated Health Professions Act.

Counsel for a physician in an action relating to a bus crash that had occurred as a result of conduct of a patient. Successful in opposing a motion to add the physician to the action, and in precedent-setting appeal regarding the interpretation of the Limitations Act, 2002 and the doctrine of special circumstances.

Counsel for defendant physicians in an action relating to the in utero infection of a baby with HIV. Contested hearing and appeal concerning the scope and interpretation of a settlement offer, and whether it should be presumed to include a right to structure the lump sum payment.

Counsel to a physician in a judicial review application concerning the jurisdiction of the Discipline Committee of the College of Physicians and Surgeons of Ontario to order payment of costs in certain circumstances.

Counsel on a successful motion by the defendant to determine questions of law and strike out portions of the plaintiff's claim on the basis of absolute privilege and the Regulated Health Professions Act.

Counsel to a physician alleged to have failed to advise patient of her right to counsel under the Mental Health Act and the Charter of Rights and Freedoms when detaining the patient for psychiatric assessment. Successful at trial and on appeal.

Counsel to successful defendant vascular surgeon at trial in a medical negligence action involving the repair of a ruptured popliteal artery in association with the repair of an open, dislocated right knee.

Counsel to the College in a successful prosecution of a member in respect of two incidents of sexual abuse of patients, as well as falsifying clinical notes and records and providing false and misleading information in the course of an investigation.

Counsel to the applicant professional regulator on an application to enjoin the respondent from unauthorized practice and the performance of controlled acts, namely the communication of diagnoses, while not authorized by a health profession Act.

Prosecutor for The College of Massage Therapists in Discipline Committee hearing concerning allegations of, among other things, practicing while suspended and providing misleading information to the College during its investigation. The Discipline Committee revoked the license of the member.

Counsel to a physician at a Coroner's Inquest into the death of a baby following a delivery complicated by shoulder dystocia. Cause of death was severe cerebral anoxia which was found to be accidental.

Counsel to a physician at a Coroner's Inquest into the death of Lisa Shore caused by probable complex drug interaction leading to cardiac and respiratory arrest ruled as homicide. First inquest finding of homicide in Ontario.

Counsel to the defendant physicians in a medical negligence proceedings. Successfully opposed a motion by the plaintiff to extend the deadline to set the action down for trial after the deadline had passed, resulting in dismissal of the action.